SMARR v. PA BD. OF PROBATION AND PAROLE


748 A.2d 799 (2000)

Leonard L. SMARR, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent.

Commonwealth Court of Pennsylvania.

Decided March 22, 2000.


Attorney(s) appearing for the Case

Terri M. Schultz, Butler, for petitioner.

Susan M. Zeamer, Harrisburg, for respondent.

Before SMITH, J., LEADBETTER, J., and NARICK, Senior Judge.


NARICK, Senior Judge.

The issue presented is whether the Pennsylvania Board of Probation and Parole (Board) erred by denying Leonard L. Smarr (Petitioner) credit toward his original sentence for time he spent in custody on new criminal charges to which he could not post bail. We hold that although Petitioner was sentenced only to probation on his new charges, the Board properly denied him credit toward his original sentence. Thus, we affirm the decision of the Board...

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